beta
(영문) 수원지방법원 평택지원 2017.03.30 2016고단760

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On December 1, 2015, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating road traffic law at the Seoul Southern District Court on December 1, 2015, and on April 12, 2016, the Defendant was sentenced to a suspended sentence of ten months for the same crime in the same court, and the judgment became final and conclusive on April 20, 2016.

[Criminal facts] On April 15, 2016, the Defendant driven a Banb Track-on vehicle under the influence of alcohol content of 0.080% in blood while under the influence of alcohol, without obtaining a driver’s license from the Do in front of the sex hospital located in the king-dong of the same city, from around 2 kilometers to the modern Mana road located in the same city of king-dong.

As a result, the Defendant, who has driven a motor vehicle twice or more times, once again driven a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating the driving of drinking and the driver's license register;

1. Inquiry into foreign crimes and materials about investigation experience, and the application of Acts and subordinate statutes on investigation reporting (the previous confirmation of the past record);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act: